State v. Maxwell

SHAW, Justice.

We have for review Maxwell v. State, 645 So.2d 572 (Fla. 5th DCA 1994), based on conflict with Ashley v. State, 614 So.2d 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Our decision in State v. Blackwell, No. 84,071, — So .2d — [1995 WL 424180] *1159(Fla. July 20, 1995), controls. We quash Maxwell and remand for proceedings consistent with Blackwell.

It is so ordered.

GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.